Federal Judge Denies Fulton County's Rule 41(g) Motion for Return of 2020 Election Records Seized by FBI

What happened

The court denied the petitioners’ Amended Motion for Return of Property pursuant to Federal Rule of Criminal Procedure 41(g). The order was signed on the 6th day of May, 2026 (SO ORDERED this 6th day of May, 2026) and entered the same day, per the clerk’s header: Filed 05/06/26. The docket records Judge J. P. Boulee as the signer.

The petitioners

The order names the petitioners as Robert L. “Robb” Pitts, who is the Chairman of the Fulton County Board of Commissioners; the Fulton County Board of Registration and Elections; Fulton County, Georgia; and Che Alexander, the Clerk of Court for Fulton County.

What the court held

The order says the FBI seized over 600 boxes of Fulton County’s 2020 election records on January 28, 2026. Petitioners filed their emergency motion on February 5, 2026, and the court held an evidentiary hearing on March 27, 2026. Applying the Richey test, the court wrote that the first and most important factor, callous disregard, weighs against this Court’s exercise of jurisdiction. It also found that Petitioners failed to demonstrate the absence of an adequate remedy at law.

Dates, by kind

• Seizure: January 28, 2026.
• Motion filed: February 5, 2026.
• Hearing held: March 27, 2026.
• Order signed and entered: 6th day of May, 2026 (Filed 05/06/26).